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State fires two over handling of missing Fitchburg boy

By Katina Caraganis and Chris Camire

Updated:
12/18/2013 03:57:30 PM EST

Elsa Oliver, 28, of Fitchburg is arraigned in Fitchburg District Court on Tuesday as her defense Attorney Gavin Reardon stands by at left. Her 5-year-old child Jeremiah Oliver has been missing since mid September.
SENTINEL & ENTERPRISE / BRETT CRAWFORD

FITCHBURG -- A state social worker and supervisor who were assigned to the family of a missing five-year-old Fitchburg boy have been fired due to their mishandling of the case, according to the state Department of Children and Families.

The announcement of the termination was made on the same day the boy's mother was ordered by a judge to undergo a psychiatric evaluation during her arraignment in Fitchburg District Court Tuesday afternoon.

Elsa Oliver, 28, of 276 Kimball St., was arrested Friday and charged with two counts of reckless endangerment of a child and two counts of accessory after the fact of a felony (assault and battery with a dangerous weapon) in connection with the disappearance of her son.

Worcester County District Attorney Joseph D. Early, Jr., has said investigators are treating the case as a potential homicide.

Oliver's son, Jeremiah Oliver, also of 276 Kimball St., was last seen by relatives on Sept. 14. He is about 3 1/2 feet tall and weighs about 40 pounds.

The Oliver family has been receiving support from the Massachusetts Department of Children and Families since September 2011 after the department received a report alleging the children were being neglected.

In June 2013, the social worker received a message from Jeremiah's day care indicating that the mother had said it was his last day and that he would be leaving for Florida to live with his grandmother.

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The information was not properly verified by the social worker, who also failed to conduct monthly home visits, as required by DCF policy.

As a result, both the social worker and their supervisor have been terminated and DCF has launched a full review of their cases.

"This is (a) deeply concerning case of neglect and abuse," said Olga I. Roche, commissioner of DCF. "Our foremost priority right now is finding Jeremiah.

Jeremiah Oliver, of 276 Kimball St., was last seen by relatives on Sept. (Facebook/Elsa Oliver)

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A union that represents caseworkers at DCF responded to the terminations with a strongly worded statement that accusing Roche of being "more interested in finger-pointing than accepting responsibility for yet another tragedy on her watch."

"The sad truth is that caseloads at the Department of Children & Families have long stood at crisis levels, yet Commissioner Roche has done little to address them," read the statement from SEIU Local 509. "Instead, the Commissioner has chosen a convenient scapegoat to deflect blame from department administrators - terminating caseworkers without any formal investigation, whatsoever."

The group said Roche should proceed with a formal investigation into terminated workers and then make a case as to why they should lose their jobs.

Elsa Oliver pictured in a photo from her Facebook page. (Facebook/Elsa Oliver)

In court on Tuesday, Elsa Oliver was hesitant to show her face, telling court officers she felt she would be retaliated against because of the nature of the crime. She also believed that if she was ordered to undergo an evaluation, someone there would poison her. Oliver was held up and surrounded by three court officers during her arraignment, and she cried through much of it.

Family members sitting in the front row of the audience stormed out during her arraignment, yelling that she should tell officers where her son is.

The District Attorney's Office was notified Friday of a potential missing child in the city. The Department of Children & Families notified his office after one of Oliver's other children told a teacher at Reingold Elementary School in Fitchburg that she and her siblings were being abused at home. The child had bruises on her body and showed signs of neglect, according to court documents.

Through the course of the investigation, charges were filed against the boy's mother and her boyfriend, Alberto L. Sierra, 22, of 164 Meadowbrook Lane, Fitchburg.

Lawyers for Oliver argued in court on Tuesday morning that she feared retribution if forced to show her face in court during her arraignment and asked that a judge to waive her appearance. That request was denied, but a doctor was called in to meet with Oliver to determine her competency.

Dr. Hanya Bluestone, a forensic psychologist with the state Department of Mental Health, spoke during the arraignment, saying she had serious concerns about Oliver's mental health and questioned whether Oliver even understood the charges against her.

Her attorney, Gavin Reardon, agreed, saying in the roughly 10 hours he spent with his client since her arrest, she has been unable to answer his questions or provide any information that will help in her defense.

A closed-door hearing was also held in juvenile court on Tuesday, according to Worcester District Attorney Spokesman Timothy Connolly. Reardon would not comment on the outcome of the hearing because it is considered privileged information but Connolly said the general purpose was for Oliver to tell court officers where her son is.

If she does not tell them, she could be held in contempt of court. Connolly said that she could remain in jail indefinitely if she refuses to cooperate.

Sierra was arraigned Monday in district court on two counts of assault and battery with a dangerous weapon (knife), and two counts of assault and battery on a child causing bodily injury. He is being held without bail while awaiting a dangerousness hearing scheduled for Thursday.

Relatives of Jeremiah Oliver were in attendance at Tuesday's hearing and expressed anger that no one reported the boy missing until Friday. They were not certain whether the boy had started kindergarten or if he was attending some sort of daycare. They said someone should have alerted authorities to his disappearance before Friday.

The young child who stepped forward about the abuse was praised for her actions by the family members in attendance.

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